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Haywood Jackson Mizell, pro per

4518 Woodledge Drive

Montgomery, AL 36109



                                                                                    )           Case No. CV-2013 000006.00

                                             Plaintiff,                         )          

vs.                                                                               )

WILLIAM G. BERRY, Attorney at law                   )         August 04, 2014

WELLS FARGO BANK, N.A.                                 )           Further Proceedings after Case

SIGLER DAVID,                                                      )           Remanded from Federal Court

STUMP JOHN G, INDIVIDUALLY C/O               )          

WELLS FARGO BANK et al                                   )                                                                                                                                                                            Defendants.                                                               )


             COMES NOW, HAYWOOD JACKSON MIZELL, Plaintiffs pro per, seeking again a trial by jury, under common law, as a man on Alabama soil apart from any jurisdiction of any fiction law of a foreign domain, and for substantive relief from theft of property by defendants.

           The record of the proceedings in the MIDDLE DISTRICT OF ALABAMA established many facts as unrebutted.

           The property at 285 East Broad Street, Ozark, Alabama remains without marketable title, a title that a reasonable buyer would accept because it appears to lack any defect and to cover the entire property that the seller has purported to sell; a title that enable a purchaser to hold property in peace during the period of ownership and to have it accepted by a later purchaser who employs the same standard of acceptability.

One definition of a marketable title which is been put forward repeatedly is one free from all reasonable doubt. Stated another way, a marketable title is one which does not contain any manner of defect or outstanding interest or claim which may conceivably operate to defeat or impair the interest which is bargained for and is intended to be conveyed. This negative concept of marketability has become an implied invitation for courts to declare the titles on the marketable if an examiner has entertained any doubt whatever with respect to them. The digest attest the painful truth that claims of a bygone era playing like barnacles to land tyros encumber them long after they should have been scrapped clean.... We need to replace this negative approach by a positive one which will make it marketability of tyros dependent solely upon their state you in some recent interval of time rather than upon their entire history. And quotation Paul E. Banshee BAS why he clearing land tyros section 371, at 539 (1953).


           The defendants procured a signature on a document labeled mortgage and loan which was to be used as purchase money, never disclosing that it was, in reality, a “power of attorney” for the sale of the Homestead. Fictitious acts under customs and usages by merchants allows that a document does not have to be as a labeled.

         The promissory note was securitized. Securitization requires the separation of the note from the mortgage. However, when brought up at an open Federal Hearing, the Magistrate Judge said that he did not want to hear any more about “separation of note and mortgage”. Rulings by the Alabama Supreme Court well documents the position of Alabama State Laws regarding separation note and the mortgage as a contract. The more colorful description of such per curum decision by the Alabama Supreme Court is communicated through the “Cow and the tail” parable. (Alabama law declares the mortgage and promissory note to be forever null and void, which both federal and state courts chose to ignore those laws, instead rule unlawfully without subject matter jurisdiction)

           Written correspondence from Wells Fargo clearly informs everyone that “Wells Fargo does not disperse original documents.”  Wells Fargo had sold the note and could not surrender the note when full payment is made, simply because one cannot surrender what he does not possess. (Judges declare the statements of barred attorneys as true.  Court declared contradictory unrebutted affidavit exhibits from Wells Fargo's vice president as a pack of lies not to believed. Individuals who are not a barred attorneys cannot make belivable and verified truthful statements in court filings . Un-sworn and unverified statements from barred attorneys are considered competent evidence.  Even though the law declares company records as self authenticating, state judges rule instead that unbarred individuals cannot speak truthfully even if the affidavits are sworn statements filed into the court records, filed as sworn true affidavits by company identified vice-president officials.  Partiality reigns in courts when attorneys are present especially when the issues can be made to  benefit a public municipality.)  

           Wells Fargo Bank NA performed a (simulated) foreclosure procedure in the presence of law enforcement, "sold" the property to the City of Ozark all without marketable title. The “clouded title” prevents any grant money from being spent for the improvement of the property by the city who has no clear title. To spend taxpayer’s funds acquired by grant for property improvements where there is no clear title is a criminal act. Wells Fargo Bank NA has assured that the property can no longer be maintained.

           The Plaintiff begged Wells Fargo to allow the Plaintiff to defend the title. The Plaintiff signed a covenant to defend the title. The date April 18, 2012 was established as the day for the exchange of funds needed to settle all remaining indebtedness, in exchange for evidence necessary to insure unquestionable clear and marketable title. The plaintiff was prevented from paying off the promissory note by an act of omission by Wells Fargo Bank NA. Interest accrual was suspended on that date of the official offer. Affidavits testifying to the availability of the funds were not rebutted, and neither was the date set for the exchange. WELL FARGO’s clouding of the title has obstructed the sale of the property years earlier. The then larger offer was accompanied by earnest money, which could not cure the unmarketable title inflicted by the defendants. Substantial funds were denied the Plaintiff.

           American Jurisprudence 2d under Interest and Usury §76 Generally; act or omission of creditor

     In the absence of an agreement to the contrary, when a debtor is ready and willing to pay an obligation, and intends to do so, but is prevented from doing so by the act or omission of the creditor, the accrual of interest on the obligation is suspended. Thus, the running of interest is suspended by the latches or unwarranted delay of a creditor in pressing his claim, but the un-exercised right of a decedent’s creditor to institute probate proceedings for the appointment of administrator does not preclude the accrual of interest on the debt. (The principle balance was about $130,000, which Wells Fargo refused full payment, refused payment by funds already on deposit, because it could present no evidence of debt as needed to assure unclouded marketable title conveyance.) (Adam and Eve also rejected the true, instead elected to embrace the statements made by the original Liar. Use of such patterns produce a "fig leaf" covering. The City of Ozark used law enforcement officers and roof top sniper's presence, plus paying double the alleged balance to make the simulated foreclosure look real and to not appear legal lunder).     

             The defendants prosecuted a foreclosure, in the presence of law enforcement. The defendant acted as an executor of a will as if the plaintiff were dead, incompetent or a juvenile.

         Ten months from April 18, 2012 until February 19, 2013, the defendants added an undisclosed amount of “accrued interest” to be added as their cost and for their benefit, all to come from the proceeds of the wrongful foreclosure. No accounting has been submitted to the plaintiff or to any court to identify this unlawful seizure of funds, which were lawfully belonging to the plaintiff. Even in “the land of OZ”, it is a custom and practice that funds above the amount needed to settle the debt cannot be held by the creditor as unlawful usury.

         Since the note was made a security, the document falls under yet another section of American jurisprudence 2d §110. Maturity of obligations or calls of securities

     In the case of certain debts, such as loans affected by municipalities and corporations of large capital, which are payable at a fixed and known place of payment and at a fixed period, at which place and time the creditor is to present his evidence of debt and receive payment, interest will stop from that moment, regardless of whether the evidence of indebtedness is presented, until the instruments are presented for payment and payment is refused, and it is not necessary, in order to escape after such accruing interest, that the amount along with accumulated interest at the time of the payment be kept separate from other funds the corporation, if it can be shown that the fund sufficient for payment where it all times in hand. The reason for this rule is that the evidence of indebtedness in such cases are usually so largely held in other states and abroad that is impossible in many instances for such corporations to know their creditors or when they are where they reside; hence, to hold that they must find them and tender the amount of the debt to before interest can be stopped would entail great confusion. It has also been held that the running of interest on interest coupons is suspended when the obligor under the principle evidence of indebtedness shows that he is ready or willing to pay.

     A maker of a loan which is payable on or before maturity may, by payment of the principal and accrued interest before maturity, relieves himself from the payment of unearned interest. Similarly the call of securities before maturity, and when probably made has the effect of stopping the running of interest thereafter. In the absence of a statue allowing constructive notice, it seems that, in order to stop interest, a county and municipal corporation desiring to exercise an option to retire bonds before maturity should give actual notice of such intentions to the bondholder, but this rule has been held not to apply to bonds which have many of the qualities of a negotiable instrument, such as those which are payable to bearer, title thereto passing by delivery, and which are not registrable, in which case it county or municipality will be relieved from further interest by the giving of such notice to the bondholders as is reasonable under the circumstances. However, if a municipality or county has actual knowledge that all the bonds of an issue about to be retired are held by unknown person or corporation, only actual notice of the call is reasonable notice.

       Interest on a lost bond will be allowed until the debtor tenders payment.

           Although the defendants pretend ignorance of their practices, their actions show the strict compliance with the manual published by Wells Fargo, published as a guide to be used in the defense of the illegal practices. The next thing on the manual’s agenda, as identified in WELLS FARGO BANK, NA’s manual, is the provision, when court ordered, of documents generated in an effort to deceive the court into believing that these generated “false documents” are in reality genuine.

         The Plaintiff has diligently searched the historic landscape to find the most succinct mental image that descriptive writing can bring to mind. Although the quotes below do not go into detail about the massive crime, the overall picture is palatable.

“When plunder becomes a way of life for a group of men, they create for themselves, in the course of time, a legal system that authorizes it and a moral code that glorifies it.” Federic Bastiat “The Law” 1850


“It can fairly be said that the chain of catastrophic bets made over the past decade by a few hundred bankers may well turn out to be the greatest non-violent crimeagainst humanity in history” Mr. Potter, Vanity Fair Magazine

          The pleadings above are but a fraction of the presentation planned for the jury in their consideration for the determination of the facts in this case. Maybe the spirit of Congressman Henry B. Steagall will guide the exposure of the heretofore undisclosed facts.

         The Plaintiff prays that proper attention by all parties be focused on these national issues especially the issue surrounding peonage and defendant’s default.

                                                         This request is and respectfully submitted by:


                                                           By: Haywood Jackson Mizell, Plaintiff, pro se

                                                                 4518 Woodledge Drive

                                                                 Montgomery, Alabama 36109

                                                                 334-498-4187                    Date: 08/04/2014

The Declaration of Independence canceled any notion that kings ruled by Divine Right. The Prince of this World could only offer bondage. God gave each of his creation the opportunity to be free simply by accepting His plea, a free gift or remedy provided the remedy was accepted, from the heart, within a specified length of time. After death, one who refused the free remedy has an eternal hell to pay.

The Constitution granted freedom governed through “public Law”. Since 1933, all Americans are today governed by “public policy”. Rid yourself of “default thinking” and embrace “future based thinking” where freedom alone prevails.